Legal Opinion

People ex rel. Manning v. Dros

New York Supreme Court

Decided August 15, 1960Published

1Opinion of the Court

Thomas 0. Chimera, J.

Eelator’s contention and reasoning must be rejected, for, having been sentenced pursuant to section 718 of the Code of Criminal Procedure, section 2193 of the Penal Law does not apply.

Section 718 of the Code of Criminal Procedure reads in part as follows: “ A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied; specifying the extent of the imprisonment which cannot exceed one day for every one dollar of the fine.”

The fact that the Magistrate fined the relator on all counts a total of $1,345 and directed that in default…

2Cases cited3 opinions

  1. City of Buffalo v. MurphyAppellate Division of the Supreme Court of the State of New York · 1930
  2. Matter of McKinney v. HamiltonNew York Court of Appeals · 1940
  3. Hart v. NormanAppellate Terms of the Supreme Court of New York · 1915

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